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Me. Rev. Stat. tit. 29-A, § 2411

Criminal OUI

Maine OUI statute · Checked against the official text September 9, 2026 · How we research and review these pages

What this section governs

Maine's criminal OUI: under the influence or 0.08+, 10-year prior ladder, refusal bumps, injury/death felonies.

Plain-language summary

Subsection (1-A) defines criminal OUI. Under (1-A)(A), a person commits OUI by operating a motor vehicle while under the influence of intoxicants or while having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. (1-A)(B) is the same conduct plus one, two, or three or more previous OUI offenses within a 10-year period. (1-A)(C) is (A) plus failure to submit to a test at a law enforcement officer's request, with the same prior tiers including none. (1-A)(D) elevates (A), (B), or (C) when the person in fact causes serious bodily injury, in fact causes death, or has a prior Class B or Class C conviction under this section (or former Title 29, § 1312-B) or a prior criminal homicide conviction involving OUI — and for those listed priors the 10-year limitation in § 2402 and Title 17-A § 9-A(3) does not apply. Subsection (5) makes a violation a Class D strict-liability crime except as otherwise provided in this section and § 2508; the listed minimums may not be suspended. For no prior within 10 years ((5)(A)): a fine of not less than $500 ($600 if the person failed to submit to a test), a court-ordered license suspension of 150 days, and no general jail minimum — but not less than 48 hours if alcohol level was 0.15+, speed was 30 mph or more over the limit, the person eluded or attempted to elude an officer, or a passenger under 21 was present, and not less than 96 hours if the person failed to submit to a test. One prior ((5)(B)): not less than $700 ($900 if refused), not less than 7 days (12 if refused), a 3-year court license suspension, and registration suspension under § 2416. Two priors ((5)(C), Class C): not less than $1,100 ($1,400 if refused), not less than 30 days (40 if refused), a 6-year license suspension, and registration suspension. Three or more priors ((5)(D), Class C): not less than $2,100 ($2,500 if refused), not less than 6 months (6 months and 20 days if refused), an 8-year license suspension, and registration suspension. (5)(D-1) (serious bodily injury under (1-A)(D)(1)) is Class C with not less than 6 months, $2,100, and a 6-year license suspension, none suspendable. (5)(D-2) (death or the listed prior-felony path under (1-A)(D)(1-A) or (2)) is Class B with not less than 6 months, $2,100, and a 10-year license suspension, none suspendable. (5)(G) adds 275 days of license suspension when a passenger under 21 was present for sentences under (5)(A)–(D), (D-1), or (D-2). Subsection (7) imposes a $30 surcharge ($125 when the person operated or attempted to operate under the influence of drugs or liquor and drugs). SECTION HISTORY ends PL 2025, c. 173, § 20 and PL 2025, c. 431, § 27; the Revisor extracted this page on 10/20/2025. Those 2025 amendments are not claimed here to rewrite the (1-A)/(5) ladder.

Official text (excerpt)

§2411. Criminal OUI 1-A. Offense. A person commits OUI if that person: A. Operates a motor vehicle: (1) While under the influence of intoxicants; or (2) While having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath; B. Violates paragraph A and: (1) Has one previous OUI offense within a 10-year period; (2) Has 2 previous OUI offenses within a 10-year period; or (3) Has 3 or more previous OUI offenses within a 10-year period; C. Violates paragraph A, failed to submit to a test at the request of a law enforcement officer and: (1) Has no previous OUI offenses within a 10-year period; (2) Has one previous OUI offense within a 10-year period; (3) Has 2 previous OUI offenses within a 10-year period; or (4) Has 3 previous OUI offenses within a 10-year period; or D. Violates paragraph A, B or C and: (1) In fact causes serious bodily injury as defined in Title 17‑A, section 2, subsection 23 to another person; (1-A) In fact causes the death of another person; or (2) Has either a prior conviction for a Class B or Class C crime under this section or former Title 29, section 1312‑B or a prior criminal homicide conviction involving or resulting from the operation of a motor vehicle while under the influence of intoxicating liquor or drugs or with an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. For purposes of this subparagraph, the 10-year limitation specified in section 2402 and Title 17‑A, section 9‑A, subsection 3 does not apply to the prior criminal homicide conviction or to a prior conviction for a Class B or Class C crime under this section or former Title 29, section 1312‑B. The convictions may have occurred at any time.

[…] 5. Penalties. Except as otherwise provided in this section and section 2508, violation of this section is a Class D crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A. The following minimum penalties apply and may not be suspended: A. For a person having no previous OUI offenses within a 10-year period: (1) A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600; (2) A court-ordered suspension of a driver's license for a period of 150 days; and (3) A period of incarceration as follows: (a) Not less than 48 hours when the person: (i) Was tested as having an alcohol level of 0.15 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath; (ii) Was exceeding the speed limit by 30 miles per hour or more; (iii) Eluded or attempted to elude an officer; or (iv) Was operating with a passenger under 21 years of age; and (b) Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer; B. For a person having one previous OUI offense within a 10-year period: (1) A fine of not less than $700, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $900; (2) A period of incarceration of not less than 7 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 12 days; (3) A court-ordered suspension of a driver's license for a period of 3 years; and (4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle; C. For a person having 2 previous OUI offenses within a 10-year period, which is a Class C crime: (1) A fine of not less than $1,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $1,400; (2) A period of incarceration of not less than 30 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 40 days; (3) A court-ordered suspension of a driver's license for a period of 6 years; and (4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle; D. For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime: (1) A fine of not less than $2,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $2,500; (2) A period of incarceration of not less than 6 months, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 6 months and 20 days; (3) A court-ordered suspension of a driver's license for a period of 8 years; and (4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle; D-1. A violation of subsection 1‑A, paragraph D, subparagraph (1) is a Class C crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not be suspended; D-2. A violation of subsection 1‑A, paragraph D, subparagraph (1‑A) or (2) is a Class B crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 10 years. These penalties may not be suspended;

[…] G. The court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D, D‑1 or D‑2 if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.

[…] 7. Surcharge. A surcharge must be charged for a conviction under this section. The surcharge is $30, except that, when the person operated or attempted to operate a motor vehicle while under the influence of drugs or a combination of liquor and drugs, the surcharge is $125. For the purposes of collection procedures, the surcharge is considered a fine. Notwithstanding section 2602, this surcharge accrues to the Highway Fund for the purpose of covering the costs associated with the administration and analysis of alcohol level tests.

[…] SECTION HISTORY ... PL 2025, c. 173, §20 (AMD). PL 2025, c. 431, §27 (AMD). Data for this page extracted on 10/20/2025 14:32:56.

Source: Maine Legislature, accessed September 9, 2026. The excerpt is reproduced verbatim; read the full section on the official site before relying on it.

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